The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-03-13
LEGAL INFANCY
The Subject Of Judge Sutherland's
Lecture Saturday.

the eyes OF the law, till they are Il
years of age. They are, however, for
various purposes, considered to have
judgment and responsibility before
attaining this age. A male person may
take the oath of allegiance to the gov
eminent at twelve years; he may marry
at fourteen, when be can also make a
will, discharge his guardian and name
q new one, or commit and be held
accountable for crime Of great gravity ;
and at seventeen he can become an
executor. A female child may be
betrothed at seven years, may receive
dover at nine, may marry at twelve,
may make will or disc arge guar dian
at fourteen, ard may become an eX-
eCutrix st seventeen. At tWenty-one,
both become ADULTS; they are then
Sui juriS, unless otherwise disqualified,
and may contract, sue or be sued. etc.
as wholly capable TO act for themselves,
and to be fully accountable for their
acts, By the common law a person Is
held to become of age on the day PR ced-
ing the twenty first anniversary OF his
birth In Z tab and in several of the
states, females are held to become Of
age at eighteen.
A child Is under the dominion Of the
parent until the formeriS of age. The
law provides this with view to the
proper nurture and care ofsthe child,
rather than that the parent may in any
way profit by this dominion. In case
the child should withdraw to another
state or countr he would still be under
the legal dominion of the parent, &C
cording to the law of the place where
the parent resides. In France
persons majority is reached at twenty
five; but a Frencfsubiect under twenty
five could not come to this country and
contract with United States subject,
and then withdraw from the contract
on the ground of his infancy, for here,
at twenty-one, he would be fully. quail |
fed. The time of majority may be |
shortened by statute, but it cannot be
universally heightened, as IN the case
cited.
The place of domicile" is the place
where a person usually resides, his |
home, the place to which he returns
after absence. A child mas the same |
dOmieile as this parent and changes |
domicile as the latter does; but if the
parents die during the child's minority,
he cannot change his domicile by travel |
or removal until he is twenty-one. I
Hence, should the child die abroad, his
property would be divided according to
the laws of the place of his domicile,
unless his guardian obtains from the
courts instructions to proceedby another
method.
The disabilities Of a minor indicate
simply the solicitude of the law to pro-
tect the infant, and do not incapacitate
HIM to contract and execute in certain
particulars. Minors have an unqualified
right to contract for the necessaries of
life, even on the credit of parents or
guardians, upon whom such debts are
binding. The necesSaries for which
they may contract are food, clothing,
lodging, proper medicines, and suitable
instruction. The term ''necessaries, )"
moreover, is literally construed, and is
not limited to such articles as are in
dispenssble. But the person who sup
plies the goods must take the risk of
their turning out to be unnecessary.
Further, the seller cannot charge higher
rates than are usual, and only the
reasonable worth of the goods supplied
to the infant is recoverable.
4 minor cannot employ any agent to
act for him, cannot &C onfeSs q judg
ment," cannot exeoEte a bond, cannot
release his guardian Of liabilities con-
corning himself cannot give up legacy,
nor can be become surety for any per-
son. If he does any of these, the con-
tract IS absolutely void. or binding only
if ratified by him after full age.
Another class of contracts take effect
at the majority of the minor unless he
publicly, strongly, or VIGOROUSLY disa-
VOWS them. He may give deed, buy
or sell estate ETC., and unless he dis
affirm the contract (Which he may do
even during his minority, its condi-
tions will bind him; and in any case,
ne can recover his property only by
paying back what he received for it.
Should he make an obligation of re-
cord, he could disafirm it only by per-
SOnal appearance in court during the
therefore, that the law is a shield for
the protection of the infant, not a
sword with which he may injure
others.
An infant is liable for the wrongs he
personally commits, but not for the
wrongs growing out of agreements or
contracts made by him. He is subject
to punishment for crime. If his age is
IA, the law presumes his capacity to
commit crime. If ne is under 7, there
is a total want of capacity assumed,
and no proof whatever that is in
tended to prove his capacity will
be admitted. Between the ages
of and IA, the law presumes
want of capacity, though in this
case capacity may be proved by |
extra evidence. An infant Is not
chargeable with any otfense arising
from his negligence, nor liable to dam
age therefor. The law protects him from
the loss of his rights in case be neglects
TO secure them by legal procedure. If
an adult contracts with him the adult
IS bound by the terms Of the contract
while it yet subsists, and cannot plead
II order to free himself that the minor
is incapable of contracting. An
infant cannot bring suit in his
own name, but in that of his
next friend as guardian. In DEGREES
Of the courts relating to infants, and
their affairs, sdjudicsture is made only
for the time being; that is, till the in
FAINT is p. At 81 he may have The whole
case tried again, and reasonable time
is given him in which to recall this suit;
and the court, in order to remind him
Of it, serves him with paper in regard
10 1t as soon IS he reaches his majority.
The subject Of the next lecture is
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